The Law and Using Your Mobile Phone While Driving

Since 1 December 2003 it has been illegal to drive in the UK while using a hand held mobile phone. Previous to this legislation the only way a motorist would face prosecution for using a mobile phone would be if they were charged with failing to keep control of their car while they were using it.

When the 2003 law first came into effect it was largely ignored, leading to debate over whether or not the £30 fixed penalty notice was enough of a deterrent. Although more than 75,000 penalty notices were given out in 2004, many drivers still blatantly flouted the law and it was decided that the fine was not effective enough. From 27 February 2007 it doubled to £60 (rising to up to £1000 should the case be taken to court), and driving while using a hand-held mobile phone became an endorsable offence, with 3 Penalty Points added to the offender's licence. The seriousness of the offence and the numbers of drivers continuing to flout the law, led to a further increase in the penalty level in March 2017 to £200 and 6 penalty points. Driver awareness courses are no longer offered for this offence.

Ok, so what exactly is the law now?

The law states that it is illegal to ride a motorbike or drive a car while you are using a hand held communication device. Hands free phones may be used, but they are ultimately a distraction and you are still open to a charge of careless driving should a police officer think you are driving poorly while using one.

What is a 'Hand Held Communication Device'?

A hand held device is something that must at some point be held in your hand while you are making or receiving a voice call or other form of communication. It includes PDAs that can be used to download emails, text messages, picture messages etc . Basically to stay on the safe side of the law, any hand held device that has a communication function is best avoided while driving.

I am still careful with my driving when talking on my mobile phone. Why can't I use it?

No matter how safe you think you are, it's still dangerous to Use a Mobile While you're Driving. Studies have shown that a driver’s reaction can be up to 50% slower than usual and the risk of crashing is increased by 4 times when they are using a mobile phone. Reactions of drivers using mobiles were recorded as being 30% worse than that of a driver who was over the drink driving limit. Texting or speaking on the phone distracts you from what you are doing and you are forced to split your concentration between driving and chatting, when you should be focusing your full attention on the road.

Can I use a hands free phone?

Yes you can. Essentially, you are allowed to push buttons for example on a steering wheel control column, but not to hold the phone, so make sure it’s in a cradle which is attached to your dashboard and can be operated remotely. However, do remember that if you are stopped for driving in a poor or careless manner and the police discover that you were using a hands-free mobile phone, you can still be prosecuted for not having proper control of your vehicle.

If you are unlucky enough to end up in an accident, your mobile phone records may be used as evidence to prove that you were distracted at the time of the accident. This could lead to further points on your licence, large fines and in some cases, even a prison sentence.

Are there any exemptions?

If you are in a genuine emergency situation and it would be unsafe for you to stop, there is an exemption in place that allows motorists to call the emergency services on 999 or 112 while driving.

My mobile is ringing and I am driving. What should I do?

The safest bet is to leave it ringing and call the person back once you are no longer driving and are parked in a safe location. Even just picking up the phone to say ‘I’m driving, I’ll call you back’ is illegal. If you are working and it is your boss ringing, you should make sure they know that they should forbid employees to answer company mobiles if they are driving. If they fail to do so they may well be liable in the event of an accident or a prosecution.

Financial Implications

Besides the obvious financial implications of a fine, if you are caught breaking this law and end up in an accident as a result, it's entirely possible that your insurance company will not pay out to fix any damage to your car. You could lose your no-claims bonus and increase your premiums, so wherever possible, switch your phone off when you are in transit.

If I haven’t been pulled but have possibly been seen to be on my phone how long do the police have to initiate a fine/points?

Our Response:

Assuming you are the registered keeper of the vehicle and haven't changed address recently you should hear within 14 days.

NoPenaltyPoints - 14-Mar-18 @ 12:09 PM

If I haven’t been pulled but have possibly been seen to be on my phone how long do the police have to initiate a fine/points?

Ohdear - 12-Mar-18 @ 1:08 AM

Colby - Your Question:

I was stopped by the police with my mobile phone in my hand, the phone was on charge sitting on the dashboard, while I was driving I caught the cable and pulled the phone into the footwell of the van I was using, I pulled the cable to move the phone away from my foot, when the phone reached my hand the police drove by see the phone and then pulled me over.

Our Response:

There's not much you can do about this. Even if the police didn't see you speaking on your phone, what you did will have been considered unsafe whilst driving.

NoPenaltyPoints - 5-Mar-18 @ 3:51 PM

I was stopped by the police with my mobile phone in my hand, the phone was on charge sitting on the dashboard, while I was driving I caught the cable and pulled the phone into the footwell of the van I was using, I pulled the cable to move the phone away from my foot, when the phone reached my hand the police drove by see the phone and then pulled me over.

Colby - 3-Mar-18 @ 9:00 AM

Mo - Your Question:

Hi, I was using my phone for maps and had it placed on the passenger seat as my phone holder was broken at the time. A police car pulled up next to me and they saw my phone was in use for maps on the passenger seat. They didn’t pull me over but I am just wondering if I could still be charged through the post or do they have to pull me over to charge me? I wasn’t using my phone apart from getting directions, which was directed through the speaker, hands free. Thanks

Our Response:

They can still charge youthrouhg the post if they feel they have evidence that you were using the phone in way that would be distracting (if you're using it as a sat nav it has to be in a position where you can view it easily whilst driving).

NoPenaltyPoints - 28-Feb-18 @ 3:34 PM

Gazza- Your Question:

Hi my partner has just been pulled over for using her phone, she was not on her phone or touching any buttons but was using it for sat nav but also had her hands free ear phone attached. The only thing she didn't do was have it on the holder as it was on the seat. The police dash cam could in theory show she was not using it to back up her story. He hasn't had licence for 2 years so worried about losing it. Where do we stand? Thanks for any help

Our Response:

We really don't know as we don't have all the details. If she was using it for satnav but it was on the seat meaning she'd have to look down at directions - the police could also penalise for this.

NoPenaltyPoints - 28-Feb-18 @ 11:11 AM

Hi,
I was using my phone for maps and had it placed on the passenger seat as my phone holder was broken at the time. A police car pulled up next to me and they saw my phone was in use for maps on the passenger seat. They didn’t pull me over but I am just wondering if I could still be charged through the post or do they have to pull me over to charge me? I wasn’t using my phone apart from getting directions, which was directed through the speaker, hands free.
Thanks

Mo - 27-Feb-18 @ 9:51 PM

Hi my partner has just been pulled over for using her phone, she was not on her phone or touching any buttons but was using it for sat nav but also had her hands free ear phone attached. The only thing she didn't do was have it on the holder as it was on the seat. The police dash cam could in theory show she was not using it to back up her story. He hasn't had licence for 2 years so worried about losing it. Where do we stand? Thanks for any help

Gazza - 26-Feb-18 @ 9:43 PM

sss - Your Question:

I had my phone on speaker in my hand and was stopped. This was 4 weeks ago and I'm still waiting for a letter. how long can I be expected to wait?

Our Response:

The police have up to 6 mothns in which to initiate further action, so it could be 6 months or more before you hear further depending on whether it's proceeding to court or not.

NoPenaltyPoints - 21-Feb-18 @ 3:39 PM

I had my phone on speaker in my hand and was stopped. This was 4 weeks ago and I'm still waiting for a letter.. how long can I be expected to wait?

sss - 21-Feb-18 @ 9:58 AM

I was stopped for using my phone at lights. Two policemen called me out my car. They told me I would get a fine and then said that I wouldn’t get points. They were unsure what the find would be - between 60-200. But were adamant about the no points. Asked what I did for a living etc. And said I didn’t need to worry. This was corroborated by both of them. But nothing written down. Now I have a letter for £200 and 6 points. I don’t know what to do. Should I risk going to court or is my fine likely to be larger? But surely people in authority can’t go around just saying stuff that isn’t true.

Vantheplan - 17-Feb-18 @ 8:50 PM

James bond - Your Question:

If the police didnt see your phone but they are outside looking for cars to caught and they see your face looking down on your phone and they didnt stop you would they send a letter to your house?

Our Response:

Yes you could receive an NIP through the post for this offence.

NoPenaltyPoints - 6-Feb-18 @ 3:38 PM

If the police didnt see your phone but they are outside looking for cars to caught and they see your face looking down on your phone and they didnt stop you would they send a letter to your house?

James bond - 6-Feb-18 @ 12:05 PM

Cazza - Your Question:

I am really panicking about losing my licence. I have had my licence for 6 months and have be3n caught speeding, I had the opportunity to complicate a driving awareness course. I have now been caught using my mobile phone to send a text and got caught. Will I lose my licence or is there any way I could avoid this.

Our Response:

The standard penalty for driving with a mobile phone is 6 points plus a fine. Courses are no longer issued for this offence as it's considered too serious to warrant such an option. Under the new drivers' act, if you have 6 points are more within two years of obtaining your full licence, it will be revoked.

NoPenaltyPoints - 29-Jan-18 @ 11:03 AM

I am really panicking about losing my licence. I have had my licence for 6 months and have be3n caught speeding, I had the opportunity to complicate a driving awareness course. I have now been caught using my mobile phone to send a text and got caught. Will I lose my licence or is there any way I could avoid this.

Cazza - 26-Jan-18 @ 9:48 AM

Daniel90 - Your Question:

I was caught using mobile phone whilst driving today. The police officer who stopped me said most likely I will be sent to a course instead of 6points as its my first time. However I searched online and could not find anything but 6point penalty.Ive had my licence less than 2 years and am really worried now. Is it possible to go on the course which is what the officer said or am I going to lose my licence?Please reply.

Our Response:

You're correct, the general approach to using a mobile while driving is that it will attract 6 points plus a fine £200 fine.

NoPenaltyPoints - 23-Jan-18 @ 3:36 PM

I was caught using mobile phone whilst driving today. The police officer who stopped me said most likely i will be sent to a course instead of 6points as its my first time. However i searched online and could not find anything but 6point penalty.
Ive had my licence less than 2 years and am really worried now. Is it possible to go on the course which is what the officer said or am i going to lose my licence?
Please reply.

Daniel90 - 20-Jan-18 @ 8:47 PM

I am a priver hire taxi drive as all know nowadays all taxi drive use the autocab app to get the job done havever tho police officer pull me over just I am to touching the screen of the PDA hand free wall attached to my windscreen,he has charged me like I am using my phone while I am driving (6 points €200)
I am still believe that was wrong

Samuel - 20-Jan-18 @ 6:18 PM

David Cocker- Your Question:

My daughter got stopped as she answered a phone call at tragic lights. 11 sec incoming call. She needs her car to get to work. And is a single parent. / will be forced to give up work. She faces looking her licence as not been driving 3years Is it worth trying to get reduced punishment

Our Response:

If she wants to plead mitigating circumstances (i.e she cannot get to work without a car) it might be worth her consulting a motoring lawyer.

NoPenaltyPoints - 18-Dec-17 @ 2:48 PM

The other day I was driving at night and I was on my phone but below the window so I was looking down for a second or two and my friend noticed a police car pull out of a road on the opposite side to me. The roads were completely empty and the police car pulled out and drove the other way. Would it of seen me and if so could he put my reg through the system and send me a fine? Or is it likely that he would of pulled me over and instead he hasn’t done me? Thanks.

Geo - 18-Dec-17 @ 11:08 AM

My daughter got stopped as she answered a phone call at tragic lights. 11 sec incoming call.
She needs her car to get to work. And is a single parent. / will be forced to give up work. She faces looking her licence as not been driving 3years
Is it worth trying to get reduced punishment

David Cocker - 15-Dec-17 @ 10:19 PM

I feel absolutely foolish & not sure what to do or whether to even be worried. I was talking while driving but my phone was not in my hand but on a flat surface in the car, however as unbelievable as this may seem I happened to have my partners phone in my hand as I was just telling the caller I had it & someone drove past with their passenger filming laughing at me mouthing they caught me but the reality was I wasn't using that phone in question even though I admit it must have looked really bad. As it wasn't the police would I still be at risk if they sent it on?
I know my question sounds ridiculous & I've been stupid to pick it but it was a automatic human action when saying I got her phone I wasn't using it & obviously dropped it back down. Gutted

j-cham - 8-Dec-17 @ 4:37 PM

Hi!
On Monday, I was caught on my phone whilst checking maps. Which is fair enough, it’s the law. Usually I never use my phone, I was so lost at the time and was stuck in gridlock traffic.
I wanted to know, will it 100% be a £200 fine and 6 points?
Thank you!
Kai Reid

Reidk1605 - 6-Dec-17 @ 11:24 PM

Greg - Your Question:

Hi. Sombody called me and said: I agent smith and I recorded you are using phone while driving last theusday. And he give me 6 point and 200£. He didnt tell me which car, where was that and what time. And he just hung up. I call back and the same person said that was Matt and he didint call for my number. Pleas tell me what to do?

Our Response:

Ignore it. If you were caught/seen using a mobile while driving you will be sent aNotice of Intended Prosecution by the police (through the post). If someone else has recorded you using your phone while driving, they should contact the police and submit their evidence if requested to do so. If you're concerned, report the phone number to the police.

NoPenaltyPoints - 6-Dec-17 @ 10:27 AM

Hi. Sombody called me and said: I agent smith and I recorded you are using phone while driving last theusday. And he give me 6 point and 200£. He didnt tell me which car, where was that and what time. And he just hung up. I call back and the same person said that was Matt and he didint call for my number. Pleas tell me what to do?

Greg - 5-Dec-17 @ 11:53 AM

Hi
I was at a traffic light and my car was stopped. I was checking the GPS on my phone, cause I'm not from Lonon and an officer driving next to me stopped me and I recieve a penalty notice now with 200£ and 6 point.
Can I win on the court or shall I just pay the Penalty?
Thanks

george.b - 1-Dec-17 @ 6:26 PM

Hi i was stopped by an officer who thought he saw me on my phone, i had a penknife in my hand which i had taken out my pocket as it digs in. (Im an electrician not just random knife) my phone was on the passenger seat plugged in charging, i have a hands free kit built into my van. I offered to show the officer my phone and that it wasnt used or recieved anything. He declined. He also described it as a black phone. Its white. Ive never had any other points in 5 years driving. What are the chances if i contest the fine? As he has no proof and niether do i?

Al - 10-Oct-17 @ 5:43 PM

No-name - Your Question:

I was at traffic lights and my sat-nav on my phone slipped, so I picked it up to check my route. A police officer on a bike saw me and pulled up next to me, asking me to pull up down another road. He said he would suggest a course but couldn't promise anything. 6 weeks later I get hit with 6 points and 200 fine. I understand I shouldn't have touched my phone, even to look at the sat-nav but I do think its a bit harsh to be hit with the same punishment as someone texting while actually driving. I also didn't receive an NIP in 14 days, just a penalty that took 6/7 weeks to arrive. I actually thought the officer was going to be nice and let me off when I hadn't heard anything for a while. Does this mean I might have a case to contest??

Our Response:

No, unfortunately you can't expect the police to be able to distinguish between someone texting and someone looking at a satnav. If your phone's in your hand, that is enough to be penalised. The 14 day rule does not apply when you are stopped at the time of the incident.

NoPenaltyPoints - 29-Sep-17 @ 10:28 AM

I was at traffic lights and my sat-nav on my phone slipped, so I picked it up to check my route. A police officer on a bike saw me and pulled up next to me, asking me to pull up down another road. He said he would suggest a course but couldn't promise anything. 6 weeks later I get hit with 6 points and 200 fine. I understand I shouldn't have touched my phone, even to look at the sat-nav but I do think its a bit harsh to be hit with the same punishment as someone texting while actually driving. I also didn't receive an NIP in 14 days, just a penalty that took 6/7 weeks to arrive. I actually thought the officer was going to be nice and let me off when I hadn't heard anything for a while. Does this mean I might have a case to contest??

No-name - 27-Sep-17 @ 11:18 AM

i was driving and wasnt talking in my phone police officer stop me and i was really scared as i never been stopped from police and now i get letter where its say the officer reported me and i need to admit guilty or go to the court all evidence they got is the police officer word and im thinking about talking it to the court as i will lose my driving licenses if i admit guilty please advice me what will happen if i take to the court as my word against his word thanks